Recommended Constitutional Law Textbooks
Michael Allen & Brian Thompson, Cases and Materials on Constitutional and Administrative Law, Tenth Edition ( Oxford : Oxford University Press, 2011).
The book is an invaluable resource for law students. Extracts from the leading cases are combined with legal, political and philosophical materials and linked together with explanatory text, alongside extensive notes and questions for discussion.
The authors take a critical look at the main doctrines of constitutional law as well as the principles of administrative law, examining the operation of the constitution in relation to Parliament, the Executive, and the citizen. Incisive commentary throughout the text provides students with a range of views on challenging issues which will stimulate thought and discussion.
The tenth edition has been fully revised and updated to reflect the latest developments in legislation, case law, and politics, including the 2010 general election. This essential text continues to provide students with instant access to an unrivalled collection of up-to-date judgments and statutory provisions; ideal for weekly reading, coursework assignments, and revision.(Amazon)
Hilaire Barnett, Constitutional & Administrative Law, Eighth Edition (Oxon: Routledge, 2011)
This new edition of Barnett’s Constitutional and Administrative Law is published against the background of continuing constitutional reform and change. Current reform plans include limiting the powers of the executive and making the executive more accountable. The power to exercise a number of important royal prerogative powers is to be transferred from the executive to Parliament. The office of Attorney General is to be reformed to create a clearer separation of powers. House of Lords reform remains on the agenda and a review of elections and voting systems is under way. The government also envisages a national debate on the constitution and citizen’s rights and responsibilities – a debate which ultimately might lead to a written constitution.
This seventh edition has been fully revised in order to take into account these issues and remain an up-to-date and reliable resource for students of public law. Written in a clear and understandable style, this new edition is comprehensive and authoritative as well as comprehensible, providing a thorough exposition of the major features of the United Kingdom’s constitution and recent developments and proposals for reform.
Mapped to the common course outline and consciously designed to meet the needs of students undertaking the constitutional and administrative law course, whether full or part time, undergraduate or postgraduate, this book offers full coverage of the syllabus drawn from a wide range of sources. It is now in a larger format and a contemporary new text design opens out the page and improves the layout. New pedagogical features include:
very brief introductory chapter overviews to outline the topics and concepts covered
short chapter summaries to distil and reflect upon the main points raised
diagrams, schematics and flowcharts to illustrate concepts and facilitate the understanding of concepts and interrelationships
further reading at the end of each chapter to encourage wider research.
Improved online support features lecturer teaching resources with downloadable VLE content, podcasts, reference material and bonus related content, revision support and testing.
Barnett’s Constitutional and Administrative Law is now firmly established as one of the leading undergraduate textbooks on public law – a must-read for any serious student of the law! (Amazon)
Kathleen M. Sullivan & Gerald Gunther, Constitutional Law, 17th Edition (Foundation Press; 2010)
The Seventeenth Edition provides comprehensive coverage of all areas of constitutional law, including judicial review, separation of powers, federalism, due process, equal protection, free speech, and religious liberty. It emphasizes constitutional law as a species of law, and aims to enable students who use it to practice constitutional law as lawyers. It also seeks to illuminate the historical, theoretical, and philosophical background that bears on constitutional law and informs its practice. The 17th edition thoroughly revises, updates and streamlines this classic casebook, emphasizing contemporary problems in areas from the war on terror to new uses of the Internet. Highlights of the 17th edition include updates on extensive coverage of the War on Terror (executive discretion on latest Guantanomo case in Chapter 6; update on decisions involving congressional civil rights enforcement power; the latest First Amendment cases involving fleeting expletives and religious monuments in public parks; updates on campaign finance (plus look at ;millionaire exception); voter identification requirements; and the right to bear arms (Second Amendment) individual right (Heller). (Amazon)
Laurence H. Tribe, American Constitutional Law (Foundation Press: 3 Sub edition, January 2000)
Professor Tribe’s highly regarded treatise on constitutional law is organized around issues, or constitutional functions, rather than being a sequential discussion of the text to the Constitution. The text is heavily footnoted with references to treatises, law review articles, the U.S. Code, and Supreme Court cases. This edition will be published in two self-contained volumes to be released sequentially. Volume I concentrates on the Constitution’s provisions for government structure and on how constitutional structure helps guarantee protection of substantive rights and liberties. Volume II will address in greater detail those substantive rights and liberties and the structure of the protections the Constitution provides for them.
Erwin Chemerinsky, Constitutional Law: Principles and Policies (Aspen Publishers; 3 edition (July 26, 2006)
This book continues to serve as an incomparably clear introduction to both doctrine and policy in its Third Edition. This highly successful student treatise offers distinct advantages: thorough treatment of all areas of constitutional law covered in both beginning and advanced courses direct, unambiguous identification of the issues takes a neutral approach that examines all sides of constitutional law debates presents both the doctrines and the underlying policy issues of the law, unlike many other texts which emphasize one or the other flexible organization allows the chapters to be used in any order. For the Third Edition, the author: updates the entire text, with new material introduced throughout pays special attention to developments between editions, particularly in regard to presidential power in the war on terrorism, the many decisions concerning state sovereign immunity, the controversial rulings concerning the takings clause, the important decisions concerning affirmative action by colleges and universities, and significant developments concerning the Establishment Clause (such as the approval of vouchers and the Ten Commandments decisions) covers the most recent and significant cases, among them Hamdi v. Rumsfeld (executive power to detain enemy combatants), Nevada Department of Human Resources v. Hibbs and Tennessee v. Lane (sovereign immunity), Gonzales v. Raich (Congress¿s ability to prohibit possession and cultivation of marijuana for medicinal purposes), City of New London, Connecticut v. Kelo (takings clause), Grutter v. Bollinger and Gratz v. Bollinger (equal protection), Lawrence v. Texas (sexual privacy), and Zelman v. Simmons-Harris (vouchers).
Surya Dhungel, Bipin Adhikari, B.P. Bhandari and Chris Murgatroyd, Commentary on the Nepalese Constitution, (DeLF, Lawyer’s Inc: 1998, Kathmandu)
Covering the whole of the Nepalese Constitution, article-by-article, the Commentary pulls together themes from the entire range of Nepalese Constitutional law. The unique blend of insight and experience that the authors are able to bring to bear on their subject matter makes it certain that this work will become a standard reference work for all of those with an interest in Nepalese law and politics.
The Commentary analyses the leading cases in this area of the law, and major constitutional developments since the events of 1990, and considers all relevant implications. By combining an academic style with a practical knowledge of the issues involved the book will prove invaluable to anybody seeking answers to the problems which regularly crop up in a Nepal still working to consolidate a rapid transition to democracy.
Allan, T.R.S. 2001. Constitutional Justice: A Liberal Theory of the Rule of Law. Oxford, Oxford University Press.
Allen, M. J. & Thompson, B, 2002. Cases and Materials on Constitutional and Administrative Law. (7th ed.). Oxford, Oxford University Press.
Anson, W.R. 1922-1935. The Law and Custom of the Constitution, Volumes 1-2. Oxford: Clarendon.
Bagehot, W. 1964. The English Constitution. London, C.A. Watts.
Barendt, E. 1998. An Introduction to Constitutional Law. Oxford, Oxford University Press.
Barnett, H. 2002. Constitutional And Administrative Law. (4th ed.). London, Cavendish.
Betten, L. ed. 1998. The Human Rights Act 1998: what it means: the incorporation of the European Convention on Human Rights into the legal order of the United Kingdom. London, Martinus Nijhoff.
Birkinshaw, P. 2001. Freedom of Information: the law, the practice and the ideal. London, Butterworths.
Blackburn, R. & Plant, R. 1999. Constitutional Reform: The Labour Government’s Constitutional Reform Agenda. London, Longman.
Blackburn, R. and Polakiewicz, J. (eds.) 2001. Fundamental rights in Europe: the European Convention on Human Rights and its member states, 1950-2000. Oxford, Oxford University Press.
Blackburn, R. 1999. Towards a Constitutional Bill of Rights for the United Kingdom: commentary and documents. London: Pinter.
Bogdanor, V. 2001. Devolution in the United Kingdom. Oxford, Oxford University Press.
Bogdanor, V. 1998. Sovereignty and the People: A Constitution for the 21st Century. Keele, Keele University Department of Politics.
Bogdanor, V. 2003. The British Constitution in the Twentieth Century. Oxford, Oxford University Press.
Bradley, A.W. & Ewing, K. D. 2003. Constitutional and Administrative Law. (13th ed.), Harlow, Longman.
Brazier, R. 1999. Constitutional Practice: The Foundations of British Government. (3rd ed.), Oxford, Oxford University Press.
Brazier, R. 1998. Constitutional Reform: Re-Shaping the British Political System. (2nd ed.). Oxford, Oxford University Press.
Burrows, N. 2000. Devolution. London, Sweet & Maxwell.
Campbell, T.D., Ewing, K.D. and Tompkins, A. (eds). 2001. Sceptical Essays in Human Rights. Oxford, Oxford University Press.
Carmichael, P. and Dickson, B. (eds). 1999. The House of Lords. Oxford, Hart.
de Smith, S. & Brazier, R. 1998. Constitutional and Administrative Law. (8th ed.), London, Penguin.
Dicey, A.V. 1959. Introduction to the study of the law of the constitution. (10th ed.) London, Macmillan.
Douglas-Scott, S. 2002. European Union Law: A Constitution for Europe. Harlow: Pearson Education.
Elliott, M. 2001. The Constitutional Foundations of Judicial Review. Oxford, Hart.
Feldman, D. 2002. Civil Liberties and Human Rights in England and Wales. (2nd ed.), Oxford, Oxford University Press.
Fenwick, H. 2000. Civil Rights: New Labour, Freedom and the Human Rights Act. Harlow, Longman.
Foster, C. D. 1998. Constitutional and Administrative Reform: Is ‘the state under stress’?. London, London School of Economics.
Hailsham, Q. 1982. On the Constitution. London, HarperCollins.
Harrison, K. & Boyd, T. 2000. The Changing Constitution: Evolution or Revolution? Sheffield, Sheffield Hallam University Press.
Hazell, R. 2002. The House of Lords: Completing the Reform. London, UCL Constitution Unit.
Himsworth, C.M.G. & Munro, C. R. 1998. Devolution and the Scotland Bill. Edinburgh: W. Green.
Irvine, A. & Mackay, A. 2003. Human Rights, Constitutional Law and the Development of the English Legal System: Selected Essays. Oxford, Hart.
Jackson, D.W. 1997. The United Kingdom confronts the European Convention on Human Rights. Gainesville, University of Florida Press.
Jennings, I. 1959. The Law and the Constitution. (5th ed.). London, University of London Press.
Jowell, J.L. & Oliver, D. 2000. The Changing Constitution. (4th ed.). Oxford, Oxford University Press.
Lester, A. & Oliver, D. 1997. Constitutional Law and Human Rights. London: Butterworths.
Loveland, I. 2003. Constitutional Law, Administrative Law and Human Rights: A Critical Introduction (3rd ed.). London, LexisNexis UK.
Maitland, F.W. 1908. The Constitutional History of England. Cambridge, Cambridge University Press.
Marshall, G. 1971. Constitutional Theory. Oxford, Clarendon.
Marston, J. & Ward, R. 1997. Cases and Commentary on Constitutional Law, (4th ed.), London, Pitman.
Munro, C. R. 1999. Studies in Constitutional Law. (2nd ed.), London, Butterworths.
Nolan, M and Sedley, S. 1997. The Making and Remaking of the British Constitution. London, Blackstone Press.
Oliver, D. 2003. Constitutional Reform in the UK. Oxford, Oxford University Press.
Pilkington, C. 2002. Devolution in Britain Today. Manchester, Manchester University Press.
Pollard, D. Parpworth, N. & Hughes, D. 2001. Constitutional and Administrative Law, Text With Materials. (3rd ed.), London, Butterworths.
Richard, I. & Welfare, D. 1999. Unfinished Business: Reforming the House of Lords. London, Vintage.
Russell, M. & Hazell, R. 2000. Commentary on the Wakeham Report on the Reform of the House of Lords. London, UCL Constitution Unit.
Sedley, S. 1999. Freedom, Law and Justice. London, Sweet & Maxwell.
Shorts, E. 2001. Human Rights Law in the UK. London, Sweet & Maxwell.
Simpson, A.W.B. 2001. Human Rights and the End of Empire: Britain and the Genesis of the European Convention. Oxford, Oxford University Press.
Stevens, R.B. 1993. The Independence of the Judiciary: The View from the Lord Chancellor’s Office. Oxford, Clarendon.
Toynbee, P. & Walker, D. 2001. Did Things Get Better? London, Penguin.
Turpin, C. 2002. British Government and the Constitution: Text, Cases and Materials. (5th ed.). London, Butterworths.
University of Cambridge, Centre for Public Law. 1998. Constitutional Reform in the United Kingdom: Principles and Practice. Oxford, Hart.
Wade, H.W.R and Forsyth, C.F. 2000. Administrative Law. (8th ed.) Oxford, Oxford University Press.
Wade, H.W.R.. 1989. Constitutional Fundamentals. (2nd ed.) London, Stevens.
Woodhouse, D. 2001. The Office of Lord Chancellor. Oxford, Hart.
UK Statutes
Act of Settlement 1700
Administration of Justice Act 1968
Appellate Jurisdiction Act 1876
Australia Act 1986
Bank of England Act 1998
Bill of Rights 1689
British Nationality Act 1981
Canada Act 1982
Commonwealth of Australia Constitution Act 1900
Constitution Act 1982 (Canada)
Constitution Act 1986 (Canada)
Constitution Act 1986 (New Zealand)
Constitution Amendment Act 1999 (New Zealand)
Constitution of the Republic of South Africa Act 108 1996
Crown Proceedings Act 1947
Data Protection Act 1998
Ecclesiastical Commissioners Act 1847
European Communities Act 1972
European Parliamentary Elections Act 1999
Freedom of Information Act 2000
Government of Ireland Act 1920
Government of Wales Act 1998
Greater London Authority (Referendum) Act 1998
Greater London Referendum Act 1998
Habeus Corpus Act 1679
House of Lords Act 1999
Human Rights Act 1998
Ireland Act 1949
Irish Free State (Agreement) Act 1922
Irish Free State (Consequential Provisions) Act 1922
Irish Free State Constitution Act 1922
Life Peerages Act 1958
Local Government Act 2000
Merchant Shipping Act 1988
Meting of Parliament Act 1694
Northern Ireland (Entry to Negotiations, etc) Act 1996
Northern Ireland Act 1998
Parliament Act 1911
Parliament Act 1949
Peerage Act 1963
Petition of Rights 1628
Political Parties, Elections and Referendums Act 2000
Public Order Act 1986
Referendum (Scotland and Wales) Act 1997
Reform Act 1832
Regional Development Agencies Act 1998
Registration of Political Parties Act 1998
Scotland Act 1978
Scotland Act 1998
Septennial Act 1715
Single European Act 1986
Statute of Westminster Adoption Act 1942
Supreme Court Act 2003 (New Zealand)
Treaty of Union 1707
Union with Ireland Act 1800
Wales Act 1978
References
Blackburn, R. & Plant, R. (eds). 1999. Constitutional Reform: The Labour Government’s Constitutional Reform Agenda, London, Longman.
Bogdanor, V. 2004. Our New Constitution. LQR, 120, 242-262.
Bradley, A. W. & Ewing, K. D. 2003. Constitutional and Administrative Law, 13th Edition, Longman, London.
Committee on Standards in Public Life, Fifth Report, 1998. The Funding of Political Parties, Cm 4057
Committee on Standards in Public Life, Sixth Report, 2000. Reinforcing Standards, Cm 4557.
Consultation Paper 1996. Straw, J. MP & Boateng, P. MP. 1996. Bringing Rights Home: Labour’s Plans to Incorporate the European Convention on Human Rights into UK Law. Labour Party.
Consultation Paper, 2003. Constitutional Reform: A New Way of Appointing Judges, Department for Constitutional Affairs, London, HMSO, CP 10/03.
Consultation Paper, 2003. Constitutional Reform: A Supreme Court for the United Kingdom, Department for Constitutional Affairs, London, HMSO, CP 11/03.
Consultation Paper, 2003. Constitutional Reform: Reforming the Office of Lord Chancellor, Department for Constitutional Affairs, London, HMSO, CP 13/03.
Electoral Reform Society 1996. Report on the Commission on the Conduct of Referendums, Electoral Reform Society and Constitution Unit, Chairman Sir Patrick Nairne.
Jenkins Commission, 1998. Report on the Independent Commission on the Voting System, London, HMSO, Cm 4090.
Halsbury’s Statutes of England and Wales, 2001, Constitutional Law, 4th Edition, Volume 10. Butterworths. London.
Hazel, R. (Ed.) 1999. Constitutional Futures: A History of the Next Ten Years. The Constitution Unit, Oxford, University Press.
Holt, J. C. 1992. Magna Carta, (1965) 2nd Edition. Cambridge, Cambridge University Press
Howarth Committee 1998. Working Party on Electoral Procedures: Final Report (Summary). Office of the Deputy Prime Minister.
Labour Party final report on policy review, 1989. Meet the Challenge: Make the Change.
Labour Party 1995. Access to Justice, policy document.
Labour Party 1996. A New Voice for England’s Regions, policy paper.
Labour Party Policy Commission, 1993. A New Agenda for Democracy: Labour’s Proposals for Constitutional Reform, National Executive Committee Statement to 1993 Labour Party Conference.
Masterman, R. 2004. A Supreme Court for the United Kingdom: two steps forward, but one step back on judicial independence. Public Law, Spring, 48-58.
Memorandum of Understanding and Supplementary Agreements, London, 1999. HMSO, Cm 4444.
Ministerial Code, July 2001, Cabinet Office.
Modernising Government, 1999. London, HMSO, Cm 4310.
Oliver, D. 2003. Constitutional Reform in the UK, Oxford, University Press.
Lord Irvine of Lairg, The Lord Chancellor, 1998. Government’s Programme of Constitutional Reform, Lecture to the Constitution Unit, Tuesday, 8 December 1998, Church House, Westminster.
Labour-Liberal Democrat parties, 1997. Report of the Joint Consultative Committee on Constitutional Reform.
Neill Committee, 1998, The Funding of Political Parties, Fifth Report of the Committee on Standards in Public Life, London, HMSO, Cm 4057.
Public Administration Select Committee, 2004. A Draft Civil Service Bill: Completing the Reforms, HC 128, session 2003-4.
Research Paper, 1999. The House of Lords Bill: Lords reform and wider constitutional reform, Bill 34 of 1998-99, House of Commons Research Paper, 99/7.
Research Paper, 2000. Lords Reform: major developments since the House of Lords Act 1999, House of Commons Research Paper 00/60.
Research Paper, 2001. House of Lords Reform: Developments since 1997, House of Commons Research Paper 01/77.
Research Paper, 2002. House of Lords Reform – the 2001 White Paper, House of Commons Research Paper 02/002.
Royal Commission chaired by Lord Kilbrandon, 1973. Royal Commission on the Constitution, 1969-1973. London, HMSO, Cmnd 5460.
Royal Commission chaired by Lord Wakeham, 2000. A House for the Future, London, HMSO Cm 4534
Select Committee on the Modernisation of the House of Commons, 1997-98. First Report, HC,190, Appendix I., Fourth Report, HC 600.
Select Committee on the Constitution, 2001-02, Fourth Report, House of Lords, 69.
Special Report, 2003. House of Lords Reform: Government Reply to the Committee Second Report. Joint Committee on House of Lords Reform.
Standard Note 2003. The West Lothian Question, SN/PC/2586, House of Commons Library
Standard Note 2004. House of Lords Appointment Commission, SN/PC/2855, House of Commons Library.
Standard Note 2004. Thresholds in Referendums, SN/PC/2809, House of Commons Library.
The Government’s Response to Sixth Report of the Committee on Standards in Public Life, Reinforcing Standards, 2000, Cm 4817.
Turpin, C. 2002. British Government and the Constitution: Text, Cases and Materials. 5th Edition, London, Butterworths.
Wheare, K. C. 1960. Modern Constitutions, 2nd Edition. London, Oxford University Press
White Paper, 1967. Legal and Constitutional Implications of the United Kingdom Membership of the European Communities, London, HMSO, Cmnd 3301.
White Paper, 1974. Democracy and Devolution: Proposals for Scotland and Wales, London, HMSO, Cmnd 5732.
White Paper, 1993. Open Government, London, HMSO, Cm 2290.
White Paper, 1997. Scotland’s Parliament, London, HMSO, Cm 3658.
White Paper, 1997. A Voice for Wales: The Government’s Proposals for a Welsh Assembly, London, HMSO, Cm 3718.
White Paper, 1997. Building Partnership for Prosperity, London, HMSO, Cm 3814.
White Paper, 1997. Your Right to Know: the Government’s Proposals for a Freedom of Information Act, London, HMSO, Cm 3818.
White Paper, 1998. A Mayor and Assembly for London, London HMSO, Cm 3897.
White Paper, 1998. Modern Local Government: In Touch with the People, London, HMSO, Cm 4014.
White Paper, 1999. Modernising Parliament: Reforming the House of Lords, London, HMSO, Cm 4183.
White Paper, 1999. Modernising Government, London, HMSO, Cm 4310.
White Paper, 2001. The House of Lords: Completing the Reform, London, HMSO, Cm 5291.
White Paper, 2002. Your Region, Your Choice: Revitalising the English Regions, London HMSO, Cm 5511.
